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VAR 04.76/" .oma. /� �,< -�, Zwlz City of Fr'idley AT THE TOP OF THE TWINS ;,�, e • _____ COMMUNITY DEVELOPMENT DIV. r 1 PROTECTIVE INSPECTION SEC. e01 "'0 CITY HALL FRIDLEY 55432 61?. -5611-3450 I O TO BOAR OF APPEALS APPLICATION NU#A BER 910-F23 REV. 1 tDATE 3/21/75 PAGE OF 1 2 APPROVED 'BY ' 400 Name ess Phone Legal Description Lot No. Block No. Tract or Addn. Variance Request(s); including stated hardships (attach plat or survey of property showing building, variances, etc., wheke applicable) r0_4 l®' ro rb -A �Q_ LJ, 4.JL,-X Z11 C R .�'d/W� V PO t.' rL• r� Dat L Meeting Date c2l —9 Fee Rec ipt No. Signature Comments & Recommendations by the Board of Appeals. City Council Action and Date L� C;i•ty of j I•i( icy AT THE TOP OF THE TWINS J, �4 _-____� COMMUNITY DEVELOPMENT DIV. 1 L PROTECTIVE INSPECTION SEC. r I r ---ti CITY HALL FRIDLEY 55432 612.560-3450 !,UBJtcr APPLICATIOfJ TO BOARD OF APPEALS (Staff Report) NUMBER 910•-F23 REV. 1 DATE 3/21/:5 I'AGE OF 2 2 APPROVED BY 800 Staff Comments Board members notified of meeting by q-� i-`1% List members, date notified, and "Yes" or "No" for plans to attend hearing. Plan Date To Attend Name J✓i l- g5 Pearson making appeal and the following property owners having property within 200 feet notified: By Whom Name Date Phone or Mail Notified q -1 t6 -17(o Q� 10h b, 64.30 76ee. /} terCe �J 6a®O ALI. iFee. IC�t 1,Z(30 Zu. --I-cez b 6a(' [� 6 4 oU,,�_ LQlI i o ! (cam to a tr, (U . /� r2 le ,: V. • 9 Q 1911-63AcQ 6UJ4_.- •(oaQ1 9u: i,�eee, OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE APPEALS COMMISSION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Appeals Commission of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, April 27, 1976 to consider the following matter: A request for a variance of Section 205.053, 4B, Fridley City Code, to reduce the side yard setback from the required 10 feet to 6 feet, to allow the construction of a house and garage to be located on Lot 1, Block 3, Al Rose Addition, the same being 6270 Riverview Terrace N.E., Fridley, Minnesota. (Request by Mr. A. C. Mattson, 189 River Edge Way N.E., Fridley, Minnesota 55432.) Anyone who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINIA WAHLBERG CHAIRWOMAN APPEALS COMMISSION OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE APPEALS COMMISSION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Appeals Commission of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, April 27, 1976 to consider the following matter: A request for a variance of Section 205.053, 4B, Fridley City Code, to reduce the side yard setback from the required 10 feet to 6 feet, to allow the construction of a house and garage to be located on Lot 1, Block 3, Al Rose .Addition, the same being 6270 Riverview Terrace N.E., Fridley, Minnesota. (Request by Mr. A. C. Mattson, 189 River Edge Way N.E., Fridley, Minnesota 55432.) Anyone who desires to be heard with reference to the above matter will be heard at this meeting. VIRGINIA WAHLBERG CHAIRWOMAN APPEALS COMMISSION Ljohd Planning �°� (�� �� � ` 6@75 Highway No. 65 N.E. Minneapolis, Land Surveying e o ( Saila Teseing ` ® Minn. 55432 Civil Engineering Telephone 784-6066 Municipal tngineering Engineers & Surveyors Area Code 612 Certificate of Survey for 7j xqr -231 ; y7 " ) d t vrooQ@ an L+ill�� �a;e�nant ° lnoteq ,ran monamkn, LOT I R04 3 AL 909E ADDITION I hereby certify that this is a true and correct. representation of a survey of the boundaries of the above d—cribed land, and of the location of all buildings, thereon, anti all visible encroachments, if any, from or on ° said land. As surveyed by me this _day of 1421 . SUBURBAN ENGINEERING, INC. Engineer yyf Sur oyars tut .t., ADMINISTRATIVE STAFF REPORT 6270 Riverview Terrace A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4B, side yard setback of 10 feet Public purpose served by this section is to maintain a minimum of 20 feet between living areas in adjoining structures and 15 feet between garages and living areas in adjoining structures to; 1. Reduce exposure to conflagration of fire between structures and, 2. To allow for open areas around residential structures to maintain aesthetically pleasing surroundings. B. STATED HARDSHIP: Lot is not wide enough for proposed house plan. C. ADMINISTRATIVE STAFF REVIEW: The survey submitted with the proposed house drawn to scale on it shows only 6 feet of clearance to the north lot line and 5 feet of clearance to the south lot line. The 5 foot setback to the garage is within City Code. The distance from the proposed house to the existing garage on adjoining property would be approximately 16 feet. Due to the fact that there is adequate lot width and depth, the staff feels that a..house could be designed to fit the side yard setbacks of the City Code. NOTE: The Appeals Commission will have the final action on this request, unless there are objections from surrounding neighbors, the City staff, or the petitioner does not agree with the Board's decision. If any of these events occur, the request will continue to the City Council through the Planning Commission with only a recommendation from the Appeals Commission. Submitted by; Ron Holden Building Inspection Officer April 27, 1976 FRIDLEY APPEALS COMMISSION MEETING APRIL 27, 1976 MEMBERS PRESENT: Virginia Wahlberg, Alex Barna, Pat Gabel MEMBERS ABSENT: Dick Kemper, Jim Plemel OTHERS PRESENT: Ron Holden, Building Inspection Officer The meeting was called to order by Chairwoman Wahlberg at 7:35 p.m. MOTION by Mr. Barna, seconded by Mrs. Gabel, to,approve the minutes of the April 13, 1976 meeting as written. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE GUIDELINES ON 40 FOOT LOTS FROM CITY COUNCIL: Chairwoman Wahlberg stated that in addition to the minutes of the subcommissions on the 40 foot lots which were distributed at the last Appeals meeting, there is now available a list of tentative guidelines from the Planning Commission on substandard lots. She explained that the Planning Commission has passed these guidelines on to the City Council for their review, and at this point the Council has not yet come up with an affirmative plan. Mr..Holden said that this was discussed at the City Council meeting last night,. .and they concluded the Planning Commission guidelines were good points to consider. He added that the Council suggested they should be considered on an individual basis, with review and final approval to be by the Council. Chair- woman Wahlberg said that all the subcommittees felt the city should go along with building on 40' lots, but there were stipulations they felt should be adhered to. TENTATIVE GUIDELINES FROM THE PLANNING COMMISSION ON SUBSTANDARD LOTS: 1. The Planning Commission feels that it was consistent with the Comprehensive Housing Plan that sub -standard lots should be developed in Fridley, but each sub -standard lot should be con- sidered separately. 2. That there be no variance allowed from the present ordinance allowing a maximum of 25% lot coverage. (For example, on a 5200 square foot lot, which would require a variance for lot size, only 1000 square feet of the lot could be covered by the house and garage.) 3. If there is land available on either side of a sub -standard lot, every effort should be made to purchase that lot at a fair market price by the petitioner, so the lot size -would be consistent R FRIDLEY APPEALS COMMISSION MEETING OF APRIL 279 1976 - PAGE 2 with the existing building sites in the area. If the petitioner refuses to try and negotiate for additional vacant land, consideration should be given to denying the variance. All denials have to be based on good, sound considerations. 4. That the owner/builder make as much of an effort as possible to meet the existing codes. 5. That the house being built on a sub -standard lot blend in as aesthetically as possible with the existing houses in the neighborhood, realizing that a new home cannot always blend into an old neighborhood. STAFF'S COMMENTS: a. Statement of hardship must include statement regarding length of ownership which would give indication if property was owned for a nu,nber of years, or recently acquired with the intention of speculating on development of a 40 foot lot. b. All variances associated with the development of 40 foot lots would require final approval by the City Council. MOTION by Mr. Barna, seconded by Mrs. Gabel, to accept the tentative guidelines from the Planning Commission on substandard lots. Upon*a voice vote, all voting aye, the motion carried unanimously. Mr. Barna suggested that a 5200 square foot lot with a decent size house shouldn't require a garage, but Chairwoman Wahlberg.stated it wasn't this Commission's prerogatitre to change that stipulation. She said that -would have to go through the Planning Commission. Mr. Holden said he wanted to bring up that the City Council discussed and endorsed the idea that the Appeals Commission try .to substantiate with facts any findings on the forty foot lots. Chairwoman Wahlberg stated that she was slightly disappointed that the guidelines weren't stronger. She said that most of the subcommissions seem to.be pretty consistent on their feelings on this, and she hoped they could act in the best interest of the city in the future. 1. A REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205.053, 1B, TO REDUCE THE LOT AREA REQUIRED, FOR A LOT RECORDED BEFORE DECEMBER 29, 1955, FROM 7500 SQUARE FEET TO 5218 SQUARE FEET, AND, SECTION 205.0530 2B, TO REDUCE THE LOT WIDTH REQUIRED, FOR A LOT RECORDED BEFORE DECEMBER 29, 1955, FROM 50 FEET TO 40 FEET, AND SECTION 205.053, 3, TO INCREASE THE MAXIMUM IAT COVERAGE BY THE MAIN BUILDING AND ALL ACCESSORY BUILDINGS FROM 25 PERCENT TO 27.8 PERCENT, AND, SECTION 205.053, 4B, TO REDUCE THE SIDE YARD ADJOINING LIVING AREA FROM THE REQUIRED 10 FEET To 5 FEET, AND 3 i FRiDLEY APPEALS COMMISSION MEETING OF APRIL 27, 1976 - PAGE 3 SECTION 205.0531 4B, 5b, TO REDUCE THE SETBACK FOR AN ATTACHED GARAGE WHICH OPENS ONTO THE SIDE STREET OF A CORNER IAT, FROM THE REQUIRED 25 FEET TO 13 FEET, AND SECTION 205.053, 4B, 5a, To REDUCE THE SIDE.YARD SETBACK FROM THE SIDE STREET OF A CORNER LOT FROM 17.5 FEET TO 11 FEET, ALL TO ALLOW THE CONSTRUCTION OF A HOUSE AND ATTACHED GARAGE TO BE LOCATED ON LOT 15, BLOCK 3, PLYMOUTH ADDITION, THE SAME BEING 11800 - 2� STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. DENIS L. VILLELLA, 7651 CENTRAL AVENUE N.E., FRIDLEY, MN. 5532) MOTION by Mrs. Gabel, seconded by Mr. Barna, to remove this item from the table. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Mrs. Gabel, seconded by Mr. Barna, to open the public hearing. Upon a.voice.vote, all voting aye, the motion carried unanimously. Mr. Villella was at the meeting to present his request, and a neighboring land owner, Mr. C. L. Popp of 4762 212 Street N.E., Fridley, was also present. Mr. Villella showed to the Commission photographs of the lot and a house plan. Chairwoman Wahlberg reviewed the request item by item, and Mr. Villella said that number 5, to reduce the setback for an attached garage, was no longer a request. Chairwoman Wahlberg said it still fell short of minimum lot size, and in addition to the eleven foot setback from the lot line there was a twelve foot boulevard easement which the city owned. Mr. Popp asked Mr. Villella if he was still over the 25% lot coverage, and Mr. Villella replied he could cut the house down to 960 feet, for a total of 1400 square feet including the garage. Chairwoman Wahlberg told.Mr. Villella the maximum he would be allowed was 1303.square feet, and suggested an alternative of building a single -car garage instead of a double garage. Mr. Barna suggested using a different house design; either a two story or a story and a half. Chairwoman Wahlberg reviewed the guideline which states there be no variance allowed from the present ordinance of 25% lot coverage. She said this appeared to be very consisent among three subcommissions, the Planning Commission and the City.,Council. She told Mr. Villella that unless he could come up with an alternate plan which would reduce the coverage, the Commission would not be allowed to approve it. She explained that with fewer lots in the city to build on, there will be people wanting to build on these 1101 lots, and there was no objection to building on these lots if they meet existing building codes. Mrs. Wahlberg said this would provide scattered mixed housing throughout the city, which fits in with the Comprehensive Housing Plan to encourage lower-cost housing. Mr. Popp stated he did not want this to be allowed. He felt it would not blend in with the neighborhood, and also was concerned that a house that close to the street might be a safety hazard. He also felt his view might be impaired. FRIDLEY APPEALS COMMISSION MEETING OF APRIL 27, 1976 - PAGE 4 Mr. Villella said that he could make the house 960 square -feet with a one -car garage, and there should be no problem. Chairwoman Wahlberg said it was her understanding that the adjacent land owner had no objection to building on this property, and Mr. Villella said that was correct. He said he had a new house plan in mind that would be 241 X 40' with a single -car garage, and would be either a front split or side split. Chairwoman Wahlberg pointed out that he would still require the two side yard setback variances and the 40' lot variance. She said that if he was willing to change the garage entrance from the side street to curve around, that variance could be eliminated. Mr. Barna asked Mr. Popp if he would have any objections if the house was smaller and he could be assured it wouldn't obstruct his view, and Mr. Popp replied he wouldn't if Mr. Villella would change the plans. Chairwoman Wahlberg asked Mr. Holden if he thought the Board should approve the house plan, and he replied that he would recommend that the house plan be submitted to the City Council. MOTION by Mr. Barna, seconded by Mrs. Gabel, to close the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Mrs. Gabel said she didn't think she could object to this since Mr. Villella was willing to work within the guidelines, and this plan fit into the Compre- hensive Housing Plan. She also felt it would bring up the value of existing homes. Chairwoman Wahlberg said that in addition to his willingness to work with the 25% coverages another point to be made is that there is really no land available to add to this lot to bring it up to code. MOTION by Mrs. Gabel, seconded by Mr. Barna, to approve the requests for variances 11 2, 4 and 6, and deny the requests for variances 3 and 51 noting that the developer has agreed to this. Upon a voice votes all voting aye, the motion carried unanimously. Chairwoman Wahlberg thanked Mr. Villella for his patience with the city in determining this, and said she would make an effort to help him get on the City Council agenda for next Monday. Mr. Holden told Mr. Villella that the city wanted to inform him that it may be necessary that this'40' lot and others be charged an additional sewer and water assessment, as these lots were not assessed as buildable sites. 2. A REQUEST FORA VARIANCE OF THE FRIDLEY CITY CODE AS FOLLOWS; SECTION 205.053, 4A, TO REDUCE THE FRONT YARD SETBACK FROM THE REQUIRED 35 FEET -TO 25 FEET, TO ALLOW THE CONSTRUCTION OF A HOUSE AND GARAGE TO BE LOCATED ON LOT 39 BLOCK 1, HEATHER HILLS 2ND ADDITION' THE SAME BEING 1411 KERRY CIRCLE N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. MIKE O'BANNON, 5298 FILLMORE STREET N.E., FRIDLEY$ MINNESOTA 55421.) FRIDLEY APPEALS COMMISSION MEETING OF APRIL 27s 1976 - PAGE 5 MOTION by Mr. Barna, seconded by Mrs. Gabel, to open the public hearing. Upon a voice votes all voting aye, the motion carried unanimously. Mr. O'Bannon stepped forward to present his proposal. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053.9 4A. front yard setback of 35 feet. Public purpose served by this section is to allow for off-street parking without encroaching on the public right of way. Also the aesthetic consideration -of the neighborhood to reduce the "building line of sight" encroachment into the neighbor's front yard. B. STATED HARDSHIP: Because the house is on the first lot of the cul-de-sac it will be located behind the house on Lot #2 to the east. C. ADMINISTRATIVE STAFF REVIEW: The actual curbing in this particular cul-de-sac right of way was shifted to the north in order to allow for a buildable site on Lot 6'across the street. Staff feels that if the petitioner is able to maintain approximately the same distance between the curbing and the house setback that they would have no objection to the variance. Staff recommends that in as much as the lot to the east is undeveloped, a house could be placed on the neighboring lot which would not restrict the view of the petitioner. MOTION by Mr. Barnas seconded by Mrs. Gabel, to accept the Administrative Report. Upon a voice vote' all voting aye, the motion carried unanimously. Mr. O'Bannon stated that he was the developer of the Kerry Circle areas and showed the Board a photograph of the lot and a map of.the lots on the cul-de-sac. He said he was asking to move the house up so it would be a little more in line with the other houses and still put two cars in the driveway. Mr. Barna said he was out to the area today and felt there was approximately 25 feet from the curb to garage. Mr. O'Bannon said he thought it was more like 35 - 40 feet. Chairwoman Wahlberg asked if the land sloped away in the back, and Mr. O'Bannon replied it did not, only about three feet at the most. She asked if the basic reason for moving the house forward was continuity with the rest of the houses, and Mr. O'Bannon said it was. MOTION by Mr. Barna, seconded by Mrs. Gabel, to close the public hearing Upon a voice vote, all voting aye, the motion carried unanimously. Chairwoman Wahlberg asked Mr. Holden if a normal 35 foot setback would restrict the neighbor's view. Mr. Holden replied it would be possible for them to set a house back far enough. He stated that in respect to Lot #6 which had been moved in closers staff felt it could be kept the same distance (house to curb) FRIDLEY APPEALS COMMISSION MEETING OF APRIL 27, 1976 a PAGE 6 and felt there really wouldn't be much of a problem in maintaining a site line for both the houses. He said it:would be possible to build the house at 351, but the back yard would be upset. He added that he thought the request for variance was reasonable. Chairwoman Wahlberg asked if when the staff discussed the existing Lot #6 the street circle was the circumference that was originally planned, and Mr. Holden replied that assuming the survey of the house to be correct, either the street had not shifted as far north as was expected or the radius has changed. Chairwoman Wahlberg said that because of the shape of the lot and the aesthetics involved, she felt it would need a variance of some sort. MOTION by Mr. Barna, seconded by Mrs. Gabel., to grant the variance as stated. Upon a voice vote, all voting aye, the motion carried unanimously. 3. A REQUEST FOR A VARIANCE OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205.0539 4B, TO REDUCE THE SIDE YARD.SETBACK FROM THE REQUIRED 10 FEET TO 6 FEET, TO ALLOW THE CONSTRUCTION OF A HOUSE AND GARAGE TO BE LOCATED ON LOT 11 BLACK 31 AL ROSE ADDITION, THE SAME BEING 6270 RIVERVIEW TERRACE N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. A. C. MATTSON, 189 RIVER EDGE WAY N.E., FRIDLEY, MINNESOTA 55432 MOTION by Mr. Barna, seconded by Mrs. Gabel, to open the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Mattson approached the Board, along with Mr. and Mrs. LeRoy Winner, owners of the lot to the south. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4B, side yard setback of 10 feet. Public purpose served by this section is to maintain a minimum of 20 feet between living areas in adjoining structures and 15 feet between garages and living areas in adjoining structures to; 1. Reduce exposure to conflagration of fire between structures and, 2. To allow for open areas around residential structures to maintain aesthetically pleasing surroundings. B. STATE HARDSHIP: Lot is not wide enough for proposed house plan. C ADMINISTRATIVE STAFF REVIEW: The survey submitted with the proposed house drawn to scale on it shows only 6 feet of clearance to the north lot line and 5 feet of clearance to the south lot line. The 5 foot setback to the garage is within City Code. The distance from the proposed house to the existing garage on adjoining property would be approximately 16 feet. Due to the fact that there is adequate lot width and depth, the staff feels that a house could be designed to fit the side yard setbacks of the City Code. MOTION by Mr. Barna, seconded by Mrs. Gabel, to receive the Administrative Staff Report. Upon a voice vote, all voting aye, the motion carried unanimously. h FRIDLEY APPEALS COMMISSION MEETING OF APRIL 27, 1976 - PAGE 7 Mr. Mattson showed the Commission photographs of the lot, his proposed house plan and the survey of the lot. He explained when he bought the property he was told it was 89 feet wide, and learned later that it was 79 feet wide. He said the house he wanted to build was too big for the lot, so he cut down the size of the garage. He stated he would still have the same distance between the .two homes that is normally between houses, but he still needs a 4 foot variance on one.side. He added that he had already sold his home at 189 River Edge Way and had to move into a one -bedroom apartment until his new home was ready. • Mrs. Winner stated her concern that light would be cut off from her kitchen window when Mr. Mattson's garage was built. Air. Mattson explained that his garage would be 5' in front of their garage, so it wouldn't affect them at all; however, looking out to the street they would see the back of the garage. He explained there would be a storage space under his garage since diminishing the size of the garage had eliminated room for storage. They had no further objections. Mr. Mattson said he had discovered the lot size when he applied for the permit, and didn't want to change the house size as he didn't know where to cut off 4 feet. Chairwoman Wahlberg suggested a different house plan, but Mr. Mattson explained the reason they sold their house and bought this property was because they really wanted this plan. He said they had already invested $20,000 in the lot,'and a lot of time and effort had gone into designing this house. He stated if he couldn't get the variance he would consider putting a garage on each side of the house. Chairwoman Wahlberg said that the lot was buildable and any house could be built on it that meets code, and this plan didn't. She said the Commission did not necessarily make a habit of approving variances without the petitioner considering any alternatives. Mr. Barna added that two side yard -setbacks are required; on' one side may be a garage and the other side must be living space, so Mr. Mattson wouldn't be able to build a garage on both sides. He suggested to Mr. Mattson that he either cut down the garage or consider another house plan. Chairwoman Wahlberg stated that the basic idea was to allow 20 feet between living areas in adjoining structures and 15 feet between garages and living areas in adjoining structures because of fire hazards. She added that her main concern was the fact that a 79' lot is buildable without variances, and there are floor Plans that would fit. Mr. Mattson answered that his -home would be no closer than those in the rest of Fridley and wouldn't be a fire hazard because he still had.the 16 feet, and he added that his neighbors didn't object. MOTION by Mr. Barna, seconded by Mrs. Gabel, to close the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Chairwoman Wahlberg stated the Staff Report suggests that perhaps an alternate building plan could be drawn which would meet the City Code, however' the petitioner stated he feels he has had this plan for some time and was unaware the lot was actually 10 feet smaller that what he originally thought it to be, and he feels he has a considerable amount of money invested in the lot and the plan and would like to build as proposed. FRIDLEY APPEALS COMMISSION MEETING OF APRIL 27, 1976 - PAGE 8 Mrs. Gabel said she had two feelings on the matter: 1) She didntt like it because the lot is definitely buildable and there are plans that would fit on this lot, and 2) She stated if she had $20,000 invested in it, had the plan for some time, and originally believed the lot was larger, she would want the right to build, too. Mr. Mattson suggested he build a one -car garage, but Chairwoman Wahlberg said she didn't feel that would be the solution as with that price -range house there should be a double garage. Chairwoman Wahlberg asked Mr. Holden if the staff was aware of the amount of time the plans had been considered or that the original owner misrepresented the size of the lot when they wrote the Administrative Report. Mr. Holden replied that the misrepresented size had been considered, but not the amount of time and money that had already been invested in it. MOTION by Mr. Barna, seconded by Mrs. Gabel, to grant the variance, taking into consideration the placement of the garage. Chairwoman Wahlberg stated that from a philosophical standpoint they had a problem before the Board which was difficult to solve, and she appreciated the petitioner's particular problems in discovering the lot was less than he anticipated it was. However., she said, this has come up in the past and the -Commission has encouraged petitioners to go back to the drawing board and try to meet the code, because it has been written as a protection for all citizens. She added that since the lot would be buildable with any other plan, it is unfortunate the petitioner does not feel he could change his plans. Upon a voice vote, Mrs. Gabel.and Mr. Barna voting aye, Chairwoman Wahlberg voting nay, the motion carried 2 - 1. Mrs. Wahlberg informed Mr. Mattson that this would now go before the City Council for review on May 17th. 4. A REQUEST FOR A VARIANCE OF THE FRIDLEY SIGN ORDINANCE AS FOLLOWS SECTION 214.053, 7, TO REDUCE THE SETBACK FOR A SIGN FROM A PROPERTY LINE, FROM THE REQUIRED 10 FEET TO 7 FEET, TO ALLOW THE ERECTION OF A FREE STANDING SIGN TO BE LOCATED ON LOTS 2 AND 3, BLOCK 1, LAMPERTS ADDITION, THE SAME BEING lobo OSBORNE ROAD N..E., FRIDLEY, MINNESOTA. (REQUEST BY FRIDLEY V.F.W. POST #363, lOhO OSBORNED ROAD N.E., FRIDLEY, MN. 55.32.) MOTION by Mr. Barna, seconded by Mrs. Gabel, to open the public hearing. Upon a.voice vote, all voting aye, the motion carried unanimously. Mr. Dick Mechinski approached the Board as a representative of the V.F.W. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 211.0539 7, "No part of a sign shall be within ten (10) feet of any property line". B. STATED HARDSHIP: By pushing sign back the 10 feet, it would limit parking needed. The existing structure setback limits available room for driveway area width. and parking stalls which are required for the building. FRIDLEY APPEALS COMMISSION MEETING OF APRIL -27J 1976 - PAGE 9 C. ADMINISTRATIVE STAFF REVIEW: Staff measurements show the building to be setback 53 feet from the front lot'line and 40 feet from a proposed landscape island. This 40 foot area is needed to supply adequate parking for the building. If the sign is moved back to the 10 foot setback point, a total of.possibly 4 parking stalls would have to be eliminated to maintain adequate driving width between the sign and the parking stalls. Building the sign with the seven (7) foot setback leaves only 2 feet from the brick sign base to the curbing in the parking area. Staff feels that the sign should not be moved back closer to the curb. than the two feet, as this creates a driving hazard. In as much as there are not any similar signs in the area and the sign will be setback approximately 18 feet from the street side curb, staff has no objection to this variance being granted. MOTION by Mrs. Gabel, seconded by Mr. Barna, to receive the Administrative Staff Report. Upon a voice vote.,,all voting aye, the motion carried unanimously. Mr. Mochinski stated he wished to erect a brick wall with aluminum letters saying "V.F.W. POST 363", which would. be illuminated during certain hours. Chairwoman Wahlberg informed the Board that this was part of the up -grading that came through some time ago. She said that in addition to this sign, on the front of the building there is the V.F.W. sign also. She asked Mr. Mochinski if he felt the sign would be prone to damage, especially since there was_a school nearby, and he said that was why they chose cast -aluminum letters. Mrs. Gabel .said she wondered if this advertising was necessary, and Mr. Mochinski said the V.F.W. wanted to identify Post 363. He said they had a choice of several things, but felt the brick wall would help clean up the area. He stated he was trying to keep both the V.F.W. and the city happy, and showed the Commission where the green areas would be on the diagram. Mr. Barna questioned what would be done with the snow that is piled up in back, and Mr. Mochinski said the V.F.W. would pay for snow removal to haul it out. MOTION by Mr. Barna, seconded by Mrs. Gabel, to close -the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Mrs. Gabel said she was glad they were cleaning up the area, and since this appeared to be a pleasing sign and conforms to code, she wouldn't have any objection. MOTION.by Mr. Barna, seconded by Mrs. Gabel, to grant the variance. Upon a voice vote, all voting aye, the motion carried unanimously. Chairwoman Wahlberg informed Mr,. Mochinski that this would now go before the City Council on May 17th. 5. A REQUEST FOR A VARIANCE OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205.052, 4B, TO REDUCE THE SIDE YARD SETBACK FROM THE REQUIRED 10 FEET TO APPROXIMATELY 8 FEET (NO SURVEY AVAILABLE AT THIS TIME) TO ALLOW THE ADDITION FRIDLEY APPEALS COMMISSION MEETING OF APRIL 27, 1976 - PAGE 10 OF A SECOND STORY ONTO AN EXISTING NON -CONFORMING STRUCTURE LOCATED ON LOT 5 AND 6, BLOCK 18, FRIDLEY PARK ADDITION, THE SAME BEING 40 - 621 WAY N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. RAYMOND K. HUMANN, 4o - 621.8 WAY N.E., FRIDLEY, MINNESOTA 55432.) MOTION by Mr. Barna, seconded.by Mrs. Gabel, to open the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Humann approached the Board to present his request, and showed them photographs of the house and lot and a survey. of the lot. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENTS: Section 205.053, 4B, side yard setback of ten (10) feet. Public.purpose served by this section is to maintain a minimum of 20 feet between living areas of adjoining structures and 15 feet between garage and living areas of adjoining structures to; 1. Reduce exposure to conflagration of fire between structures and, 2. To allow for open areas around residentail structures to maintain aesthetically pleasing surroundings. B. STATED HARDSHIP: Family of 5 needs more room (bedrooms). C. ADMINISTRATIVE STAFF REVIEW: Staff measurements show 22 feet between the house and the neighbors garage to the east. The house appears to -be 8 feet from the fence which is assumed as lot line (survey not available at this time). In that the neighbor to the east has no objection, staff would recommend granting the variance. Mr. Barna said he questioned why this was a non -conforming structure, and Mr. Humann explained because the lot line on one side was 8 feet. Mr. Humann stated he would have to remove the whole roof section to do what he wanted to, and would have the dormer section towards the front of the house. He said he would only be expanding up, not out, and had no intention of putting an overhang on the house. He added that he•now had two bedrooms with three boys, and one was sleeping in the basement. The upstairs would contain two bedrooms; a 12 X 12' for two of the boys, and a 10 X 18' for the master bedroom. He explained that it would look like a two-story house from the front, and would look the same in the rear. Chairwoman Wahlberg noted that Bernetta Jensen of 30 - 60g Way, N.E. had signed an agreement of approval. MOTION by Mr. Barna, seconded by Mrs. Gabel, to close the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Barna stated that there seemed to be enough room between the two houses, and he felt the only problem was the unknown lot line, but he had no objections. Chairwoman Wahlberg said that the new survey seemed to confirm the lot line, going by the fence. MOTION by Mrs. Gabel, seconded by Mr. Barna, to approve the variance request, with the understanding that the existing structure be included in the variance. Upon a voice vote, all voting aye, the motion carried unanimously. FRIDLEY-APPEALS COMMISSION MEETING OF APRIL 279 1976 - PAGE 11 ITEMS FOR DISCUSSION FROM THE PLANNING COMMISSION: Chairwoman Wahlberg informed the members that the Community.Development Commission was going to set up a Sign Ordinance Project Committee, and when the concept first came before the Commission she suggested that a member of the Appeals Commission should perhaps serve on that committee because of the fact that the Board of Appeals has gone through a lot of the sign ordinances in the past year or so. She explained what they intended to do was have several citizens serve on the committee along with members from the business community, Chamber of Commerce, League of Women Voters, people from the sign companies, etc., to try to get feelings from various perspectives as to what our sign ordinances should be. Mrs. Gabel volunteered to serve on that committee, and Chairwoman Wahlberg said she would submit her name. Chairwoman Wahlberg told the Commission that the Youth Project Committee had been heard from again. She said this item had been tabled, but the Committee had gone back and reworked their proposal and went before the Human Resources Commission with their final Teen Center Proposal. Mrs. Wahlberg read aloud the following proposal of the Youth Project Committee: WHEREAS, over 43% of Fridley's population is under 18, and WHEREAS, Fridley does not have a center for its youth, and WHEREAS, our survey shows that most of Fridley's youths want a teen center, We the members of the Fridley Youth Project Committee recommend that a temporary youth center be established in the Fridley Civic Center. We prefer that it be located in the room presently occupied by the Parks and Recreation Department. However, if this is not feasible, our second choice is the room that was formerly occupied by the library. This.youth center should have a temporary board of directors consisting of six regular members and two ex -officio members. Regular members shall be appointed by the following groups: one by the Fridley City Council; one by the Fridley Planning Commission; one by the Fridley Human Resources Commission; and two by the Fridley Youth Project Committee. One ex -officio member shall be appointed by the Fridley City Council and one by the Fridley Police Department. The temporary board of directors should serve for not more than 30 days during which time they will write the charter, establish the interim rules for the youth center and facilitate the election for regular members to the permanent board. The appointed ex -officio members will also serve on the permanent board. Administratively, the youth center will be under the auspices of the Parks and Recreation Department who will assign staff to supervise and carry out the guidelines established by the board of directors. Chairwoman Wahlberg said the Human Resources Commission approved the resolution and asked the City through the Planning Commission to bring the Youth Center under the auspices of the Parks and Recreation Department. FRIDLEY APPEALS COMMISSION MEETING OF APRIL 27, 1976 - PAGE 12 Chairwoman Wahlberg said that another item that came up at the end of the Planning Commission meeting was the Goals and Objectives of the Parks and Recreation Department, which is being called Human Development. She stated there were five goal areas that the city would consider, and most of them were approved in concept but it was felt some of them could be incorporated together. Mr. Barna stated he would like to discuss the code requiring garages for new structures. He said he felt the energies required to build the garage and heat it were going against the environmental standards. He suggested a carport could serve the purpose as well. Mrs. Gabel said it would be nice for the homes to have more living space, but she felt there would come a time when the owner would request a variance to build a garage since he might have two cars, a need f•)r storage space, etc. Chairwoman Wahlberg said she did not agree with Mr. Barna's statement because she didn't think most garages were heated, and she said the argument from an environmental standpoint didn't hold because the additional part of the home would need just as much resource and energy. She added that she thought visual pollution would be created by carports because the storage space would be exposed.. Chairwoman Wahlberg brought to the Board's attention page 205-10, numbers 3) and 4) at the top of the page in the City of Fridley's Zoning Ordinance, and asked Mr. Holden if he could have someone clarify the difference between a single family dwelling unit of a split level design and a two story dwelling unit of split entry design for the next meeting. Mr. Holden suggested if there were three entries; split level, split entry and split foyer, it would be easier to categorize. Chairwoman Wahlberg said she had heard that some time in the future all the zoning ordinances would be reviewed and updated, and possibly rewriten. ADJOURNMENT: Chairwoman Wahlberg adjourned the meeting of the Appeals Commission at 10:46 p.m. Respectfully submitted, Sherri.O'Donnell Recording Secretary I � REGULAR COUNCIL MEETING OF MAY 17, 1976 PAGE 7 Also, whether the City will or would want to have the names of those persons from the organizations, or other qualified persons, who work the names submitted to the Council so that the administration would know who are the people that are authorized to work at these games. This might be another area that could be relevant. Mayor Nee inquired if there is a general consensus that we could adopt it with a zero in the licensing fee? The City Attorney said yes, and in the skeleton ordinance that he drew up .he put in one section which indicated it would be used for additional regulations over and above what the statutes require if the majority of the Council feels they want to have additional regulations; that has a blank number also. The City Attorney went on to say that he imagines that the City would further restrict the number of games that could be held below the 104 finure. He assumes from the way the statute is written that the City would further restrict the amount of money that can be given out on any game or both, and could also restrict the hours. The City Attorney said that as he reads the statutes the legislature is giving the minimum required, but the Council has the authority to be more restrictive. In response to the Mayor's question, the City attorney said that in the case of a church which only warted it for one time it possibly lould be handled in a manner similar to auctions where.there is an annual fee. Mr. Richard French said the groups that operate in Fridley don't present a problem to the City. They run themselves. The problem was clearly pointed out in St. Paul where they rented the building to other people and let other people run the name. He stated that he knew of one that runs seven ninhts a week, and that is excessive. Two nights a week is realistic. They would take in huge sums of money on some nights, and much would be bled off by the people for non -community or non -charitable purposes. Mayor Nee inquired about having a first reading and then cleaning it up so as to ret into the correct legal position. MOTION by Councilwoman Kukowski to waive the reading and adopt the ordinance on first reading. Seconded by Councilman Starwalt. The City Attorney said that if the Council intended to act on the second reading that the Council will have to give some directions if it wants some additional changes or some additions to be made. Mayor Nee replied that there will be sone discussion of this matter next Monday night, which is riot a regular council meeting night, but all are welcome to attend, mainly with reference to the licensing fees. Mr. Richard French said that they operate two nights a week; that it is a lot of work, and it takes quite a large number of people to run the session if it is to be run properly; that $12 a session makes it a bit of a problem to get help. Mr. Richard French said that when you have 600 members and 600 wives and this is constantly changing, it may present some problems for you. He further stated that in a group of the size that he represents there is a turnover of people almost on a constant basis. fie and his organization would like to see it held strictly to the members or their spouses. No outsiders. The City Attorney said there is a provision in the statute that would permit people other than members and their wives, but this might be one area where the Council could be more restrictive. Upon'a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF FINAL PLAT SUBDIVISION P.S. 176-n3, LEIGH TERRACE, BY LEIGH INVESTMENTS, INC., GENERALLY LOCATED WEST S_IDF OF INTER�-FCTI N OF OSBORNE—R(AD AND EAST RIVER ROAD: The Public'Works Director said this is the final plat, and we had a public hearing on it on May 10. This is generally located on the west side of the intersection of Osborne Road and East River Road, and it consists of 11 lots. It should be noted that if the plat is adopted or approved there are three lots north of Osborne that do not meet the requirement of 9,000 square feet. The Planning Commission recommended approval with the minimum number of square feet on the three lots based on the fact that the St. Paul Water Works owns the property north of these lots and the area will remain open space and it will be usable by the property owners. The St. Paul Water Works is the fee owner of the property, and it is in no way included in the proposal. It was only considered due to the fact that it will remain essentially open space and REGULAR COUNCIL MEETING OF MAY 17, 1976 PAGE 8 to the passers-by it will look like park property. The basic plat was worked out with the developer and the County and the City in regard to the proposed improvement of Osborne Road and East River Road. The developer has provided the necessary right-of-way and one of the stipulations is there should be a ten -foot sidewalk easement along East River Road, Mr. Doyle is here. Councilman Fitzpatrick asked if the administration had any other recommendations or stipulations to make concerning the plat. The Public Works Director said no. The Public Works Director said that be understands that another stipulation is that the developer proceed with attaching by covenant the possibility of use of the St. Paul Water Department property to the developer's property. The City Attorney replied that he thought that that could not be done. At the best they would have a written understanding with the St. Paul Water Works that they could use the property, but that permission could be terminated whenever the St. Paul Water Works wanted to terminate it. As a practical matter, the City Attorney said, the situation has been there for 100 years, and that he imagines that the Council could use that as a reason for granting a variance with the understanding and that if whoever would own the lands wanted to maintain the area for open space that St. Paul would not terminate the arrangement unless something very unusual would ;rappen. Mr. Doyle said that his plan was to put in a temporary, graveled street until the street improvements could be worked out by the City. As far as he is concerned, he can see no reason why the traffic cannot go back and exit on Talmadge or 75th Way. To begin with, the City Administration is going to need some time to fit it in with the state aid requirements. If they can get it done this year, fine. The Public Works Director said they are working on that. In the petition there is a statement that he wants the roadway improved and the assessment placed against the 11 lots. A public hearing would not be required. Mr..Doyle asked that the name Osborne Road be changed to Osborne Flay. MOTION by Councilman Fitzpatrick to approve final plat subdivision P.S. #76-03, and grant the necessary variances with the following stipulations: 1. A ten -foot sidewalk easement along East River Road. 2. That the new property owners be notified that the exit of Osborne Way onto East River Road would be barricaded until the completion of the improvement of the intersection after which improvement Osborne Way would connect onto East River Road. 3. The developer pursue the possibility of underground utilities. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. f RECEIVING THE MINUTES_ OF THE PLANNING COMMISION MEETING OF MAY 5, 1976: �) CONSIDERATION OF APPEALS COMMISSION MINUTES OF APRIL 27,_1976: A. C. MATTSON, 6270 RIVIEW TERRA The Public Works Director stated that this is a request for a sideyard variance from ten feet to six feet, and the matter is before the Council as a result of a unanimous vote of the Board of Appeals. The petitioner states that because of an error in lot width it has necessitated this request for the variance. Mr. Mattson is present. Mr. Mattson explained•the difficulties in placing his house and garage on the lot. Primarily it steamed from the lot being almost four feet less in width than he was led to believe at the time he bought it. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Board of Appeals to approve the variance. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.